Receiving a cease and desist letter can be one of the most stressful moments in business or personal life. For many Nebraskans, the formal legal language makes it sound as though a judge has already ruled against them. Others assume that because the letter does not come from a court, it can be thrown in the trash.

Both views are incorrect. Cease and desist letters occupy a gray area between informal negotiation and formal litigation. They carry no independent legal force under Nebraska law, but they are often the first step toward a lawsuit in either state or federal court.

At Horgan Law, we counsel clients in Omaha, Lincoln, and across Nebraska who either receive or need to send these letters. Below, we explain what cease and desist letters are, how they function under Nebraska and federal law, and the strategies both sides should understand.

Cease and Desist Letters in Nebraska: What They Mean and How to Respond

What Exactly Is a Cease and Desist Letter?

A cease and desist letter is a written demand that someone stop (cease) and not restart (desist) certain conduct. They are commonly used in:

• Business disputes (contract violations, unfair competition, misuse of trade secrets).
• Employment disputes (non-compete or confidentiality issues).
• Property disputes (boundary lines, nuisance complaints).
• Intellectual property disputes (copyright, trademark, patent infringement).
• Harassment and stalking situations (as a precursor to seeking a protection order).
• Debt collection communications (under federal consumer protection statutes).

The important distinction is this: a cease and desist letter is not a court order. It has no binding legal authority unless and until a judge issues an injunction or order. Instead, it is a notice and a warning.

Nebraska Law on Cease and Desist Letters

1. No Independent Legal Force

Nebraska courts treat cease and desist letters as private communications. They are not enforceable by law enforcement or the courts unless converted into a formal lawsuit.

• Example: A cease and desist letter sent to a Lincoln business alleging trademark infringement does not obligate the business to rebrand. Only a state or federal court order could do that.
• Example: A letter telling a neighbor to stop alleged harassment has no effect unless the recipient is later subject to a harassment protection order under Neb. Rev. Stat. § 28-311.02.

2. Strategic Value in Nebraska

Although not legally binding, Nebraska attorneys frequently use cease and desist letters as a first step because:

• They create a record that the sender attempted to resolve the matter without litigation.
• They often lead to informal settlement.
• They can deter wrongful behavior simply by highlighting potential liability.

3. Risks of Sending One

Nebraska law also recognizes risks:

• Defamation: If false statements are made in the letter, the sender could be sued.
• Harassment: An overly aggressive letter may itself constitute harassment.
• Declaratory Judgment: The recipient could file a preemptive lawsuit in a Nebraska court asking for a declaration that they are not liable, putting the sender on the defensive.

Federal Law and Cease and Desist Letters

1. Intellectual Property

Federal law drives many cease and desist disputes:

• Copyright Act (17 U.S.C. §§ 101 et seq.): Used to demand that infringers stop reproducing or distributing creative works.
• Lanham Act (15 U.S.C. §§ 1051 et seq.): Covers trademark infringement and unfair competition.
• Patent Act (35 U.S.C. §§ 1 et seq.): Invoked when companies allege patent violations.

In these areas, cease and desist letters are critical. Courts often ask whether a party tried to resolve the matter informally before seeking judicial relief.

2. Consumer Protection

Federal statutes also empower consumers:

• Fair Debt Collection Practices Act (FDCPA): A debtor may send a cease and desist letter to a debt collector demanding that communications stop. Once received, the collector must comply except for limited notices.
• Telephone Consumer Protection Act (TCPA): Cease and desist notices may restrict unwanted telemarketing calls.

3. Employment and Labor

Although not required under federal law, attorneys often use cease and desist letters to warn employers of potential claims under the Fair Labor Standards Act, Title VII, or other federal statutes before filing complaints with agencies such as the EEOC.

How Nebraska Courts View Cease and Desist Letters

While Nebraska state courts and the U.S. District Court for Nebraska do not give legal force to cease and desist letters alone, they frequently appear in litigation. Judges look at:

• Good faith efforts: Did the sender attempt to resolve before suing?
• Tone of the letter: Was it professional, or threatening and harassing?
• Evidence of notice: Did the recipient know their conduct was contested?

In this way, cease and desist letters are often pieces of evidence — not binding orders, but important context for disputes.

How to Respond to a Cease and Desist Letter in Nebraska

1. Do Not Ignore It

Ignoring a cease and desist letter can make matters worse. Even if you believe the allegations are meritless, silence may encourage the sender to escalate to litigation.

2. Consult Counsel Immediately

An experienced Nebraska attorney can:

• Evaluate whether the claims are legally valid.
• Identify defenses, such as fair use in copyright cases or Nebraska’s strict limits on non-compete agreements.
• Draft a response that protects your interests without admitting liability.

3. Consider Strategic Options

• Comply: Sometimes compliance is cheaper and more efficient than litigation.
• Negotiate: A skilled attorney can negotiate modifications, such as narrowing the scope of demands.
• Challenge: If claims are weak, your attorney may recommend a declaratory judgment action in Nebraska state or federal court.

4. Preserve Evidence

If litigation seems possible, save all related documents, emails, contracts, and records. Failure to preserve evidence can harm your defense in court.

How Businesses Should Use Cease and Desist Letters

For Nebraska businesses, cease and desist letters are often the most practical first step in protecting rights.
Drafting Best Practices

• Be specific: Identify the conduct and cite relevant law.
• Be professional: Avoid threats or defamatory language.
• Be strategic: Anticipate that a judge may later read the letter.

Real-World Example

A small Omaha manufacturer discovers a competitor using nearly identical branding. A carefully crafted cease and desist letter citing the Lanham Act and Nebraska’s Uniform Deceptive Trade Practices Act (Neb. Rev. Stat. § 87-301) may resolve the dispute quickly, without expensive litigation.

Common Misconceptions

• “I must comply immediately.” False. The letter has no independent legal effect.
• “I can ignore it.” Dangerous. Ignoring it can lead directly to litigation.
• “They guarantee results.” Not always. Some recipients escalate matters.
• “Only big companies use them.” Individuals frequently use them, especially in harassment or defamation cases.

Case Law and Examples

Nebraska Harassment Protection

Nebraska courts often see cease and desist letters introduced in harassment cases. While the letters themselves have no force, they may demonstrate a pattern of notice before a protection order is issued under Neb. Rev. Stat. § 28-311.02.

Federal IP Disputes

The U.S. District Court for Nebraska has entertained declaratory judgment actions in trademark and patent disputes where a cease and desist letter was the trigger. For example, a Nebraska business accused of infringement may file first, seeking a ruling that it is not violating the law.

Risks of Mishandling Cease and Desist Letters

For the Sender

• Exposure to defamation claims.
• Risk of triggering declaratory judgment litigation in an unfavorable venue.
• Damage to credibility if letter is overly aggressive.

For the Recipient

• Escalation to costly litigation.
• Waiver of defenses if response is poorly drafted.
• Reputational harm if disputes become public.

Frequently Asked Questions

Q: Are cease and desist letters enforceable in Nebraska?

A: Not by themselves. Only a court order has binding force.

Q: Can I write one myself?

A: Yes, but it is risky. Poorly drafted letters can weaken your position or create liability.

Q: What if I ignore one?

A: Ignoring often leads to lawsuits. Always consult an attorney.

Q: Do federal laws apply in Nebraska cases?

A: Yes. Federal statutes like the FDCPA, Copyright Act, and Lanham Act are frequently invoked in Nebraska disputes.

Q: What should I do first if I receive one?

A: Contact a Nebraska attorney immediately. Do not respond on your own.

Cease and Desist Letters in Nebraska: Final Thoughts

A cease and desist letter is not a court order, but it is also not something to dismiss lightly. In Nebraska, these letters are often the opening move in disputes that can quickly escalate to costly litigation in state or federal court.

At Horgan Law, we help clients throughout Nebraska draft, respond to, and litigate issues involving cease and desist letters. Whether you are protecting your business, your intellectual property, or your personal reputation, our attorneys provide the strategic guidance necessary to safeguard your rights.

Horgan Law – Your Trusted Omaha Law Firm

If you’re looking for an Omaha law firm that combines the wisdom of experience with the energy and ambition of youth, look no further than Horgan Law, P.L.L.C. As experienced Lawyers in Omaha, NE, we apply our knowledge to every case to get you the best possible outcome. Our success is measured by yours-no matter what your situation is, we’ll be there to help you through it.

Ready to experience the difference? Contact Horgan Law today to discuss how we can assist. Your legal journey just got easier.